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PanelQMEMed-legalDenied

Ernest, Linda

LINDA ERNEST, Applicant vs. TRADER JOE’S, permissibly self-insured; administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ12320361
Decision date: Feb 17, 2025
District office: Los Angeles
WCJ: Keith N. Pusavat
Claim administrator: Sedgwick Claims Management Services
Commissioners: —

Injury / body parts: low back, left hand, left wrist, left knee

LC §5909LC §5900LC §4663LC §5705LC §5952LC §4664CCR §10600

Summary

Applicant Linda Ernest sustained an industrial injury on 12/15/2017 to her low back, left hand, left wrist, and left knee while employed by Trader Joe's. The WCJ awarded 51% permanent disability based on PQME Dr. Michael Slutzker's reporting, finding apportionment was established for the low back but not for the left knee. Defendant petitioned for reconsideration challenging only the left knee apportionment finding. The Appeals Board adopted and incorporated the WCJ's report, concluding the PQME failed to provide a substantial-evidence explanation for assigning 75% of the left knee disability to subsequent injuries, particularly where he did not parcel out the patellar fracture (100% industrial) from ambiguous 'other left knee impairments.' The Board denied reconsideration.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.